United States District Court, N.D. California
FINAL JURY INSTRUCTIONS
Haywood S. Gilliam, Jr. United States District Judge.
of the Jury: Now that you have heard all of the evidence and
the arguments of the attorneys, it is my duty to instruct you
on the law that applies to this case.
you has received a copy of these instructions that you may
take with you to the jury room to consult during your
your duty to find the facts from all the evidence in the
case. To those facts you will apply the law as I give it to
you. You must follow the law as I give it to you whether you
agree with it or not. And you must not be influenced by any
personal likes or dislikes, opinions, prejudices, or
sympathy. That means that you must decide the case solely on
the evidence before you. You will recall that you took an
oath to do so.
do not read into these instructions or anything that I may
say or do or have said or done that I have an opinion
regarding the evidence or what your verdict should be.
OF PROOF-PREPONDERANCE OF THE EVIDENCE
party has the burden of proving any claim or affirmative
defense by a preponderance of the evidence, it means you must
be persuaded by the evidence that the claim or affirmative
defense is more probably true than not true.
should base your decision on all of the evidence, regardless
of which party presented it.
evidence you are to consider in deciding what the facts are
1. the sworn testimony of any witness;
2. the exhibits that are admitted into evidence;
3. any facts to which the lawyers have agreed; and
4. any facts that I may instruct you to accept as proved.
IS NOT EVIDENCE
reaching your verdict, you may consider only the testimony
and exhibits received into evidence. Certain things are not
evidence, and you may not consider them in deciding what the
facts are. I will list them for you:
1. Arguments and statements by lawyers are not evidence. The
lawyers are not witnesses. What they may say in their opening
statements, closing arguments and at other times is intended
to help you interpret the evidence, but it is not evidence.
If the facts as you remember them differ from the way the
lawyers have stated them, your memory of them controls.
2. Questions and objections by lawyers are not evidence.
Attorneys have a duty to their clients to object when they
believe a question is improper under the rules of evidence.
You should not be influenced by the objection or by the
court's ruling on it.
3. Testimony that is excluded or stricken, or that you are
instructed to disregard, is not evidence and must not be
considered. In addition some evidence may be received only
for a limited purpose; when I instruct you to consider
certain evidence only for a limited purpose, you must do so
and you may not consider that evidence for any other purpose.
4. Anything you may see or hear when the court was not in
session is not evidence. You are to decide the case solely on
the evidence received at the trial.
FOR LIMITED PURPOSE
evidence was admitted only for a limited purpose. When I
instructed you that an item of evidence was admitted only for
a limited purpose, you must consider it only for that limited
purpose and not for any other purpose.
AND CIRCUMSTANTIAL EVIDENCE
may be direct or circumstantial. Direct evidence is direct
proof of a fact, such as testimony by a witness about what
that witness personally saw or heard or did. Circumstantial
evidence is proof of one or more facts from which you could
find another fact. You should consider both kinds of
evidence. The law makes no distinction between the weight to
be given to either direct or circumstantial evidence. It is
for you to decide how much weight to give to any evidence.
are rules of evidence that control what can be received into
evidence. When a lawyer asks a question or offers an exhibit
into evidence and a lawyer on the other side thinks that it
is not permitted by the rules of evidence, that lawyer may
object. If I overruled the objection, the question may be
answered or the exhibit received. If I sustained the
objection, the question cannot be answered, and the exhibit
cannot be received. Whenever I sustained an objection to a
question, you must ignore the question and must not guess
what the answer might have been.
I ordered that evidence be stricken from the record and that
you disregard or ignore that evidence. That means when you
are deciding the case, you must not consider the stricken
evidence for any purpose.
CONFERENCES AND RECESSES
time to time during the trial, it became necessary for me to
talk with the attorneys out of the hearing of the jury,
either by having a conference at the bench when the jury was
present in the courtroom, or by calling a recess. Please
understand that while you were waiting, we were working. The
purpose of these conferences is not to keep relevant
information from you, but to decide how certain evidence is
to be treated under the rules of evidence and to avoid
confusion and error.
course, we have done what we could to keep the number and
length of these conferences to a minimum. Do not consider my
granting or denying a request for a conference as any
indication of my opinion of the case or of what your verdict
evidence that a witness has lied under oath or given
inconsistent testimony may be considered, along with all
other evidence, in deciding whether or not to believe the
witness and how much weight to give to the testimony of the
witness and for no other purpose.
was presented to you in the form of answers of one of the
parties to written interrogatories submitted by the other
side. These answers were given in writing and under oath
before the trial in response to questions that were submitted
under established court procedures. You should consider the
answers, insofar as possible, in the same way as if they were
made from the witness stand.
AND SUMMARIES NOT RECEIVED IN EVIDENCE
charts and summaries not admitted into evidence may have been
shown to you in order to help explain the contents of books,
records, documents, or other evidence in the case. Charts and
summaries are only as good as the underlying evidence that
supports them. You should, therefore, give them only such
weight as you think the underlying evidence deserves.
deciding the facts in this case, you may have to decide which
testimony to believe and which testimony not to believe. You
may believe everything a witness says, or part of it, or none
considering the testimony of any witness, you may take into
1. the opportunity and ability of the witness to see or hear
or know the things testified to;
2. the witness's memory;
3. the witness's manner while testifying;
4. the witness's interest in the outcome of the case, if
5. the witness's bias or prejudice, if any;
6. whether other evidence contradicted the witness's